Heath et al v. Insurance Technologies Corp. et al
| Edward Shapiro, Jay Heath and Daisy Becerra Lopez |
| Insurance Technologies Corp., Zywave, Inc., Insurance Technologies Corp and Zywave Inc |
| Michelle M DeFranco |
| ADR Provider |
| 3:2021cv01444 |
| June 18, 2021 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
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Filing 52
ORDER granting #44 Motion Final Approval of Class Action Settlement, Award of Attorneys' Fees, Expenses, and Service Awards. (Ordered by Chief District Judge David C Godbey on 1/4/2023) (ndt)
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| Filing 51 ELECTRONIC Minute Entry for proceedings held before Chief District Judge David C Godbey: finding as moot #43 Motion for Hearing.; Motion Hearing held on 1/4/2023 re #43 Motion for Hearing filed by Michelle M DeFranco, #44 Motion for Miscellaneous Relief filed by Jay Heath, Daisy Becerra Lopez, Edward Shapiro, #42 Motion for Attorney Fees, filed by Jay Heath, Daisy Becerra Lopez, Edward Shapiro. re: #43 MOTION for Hearing, #44 MOTION Final Approval of Class Action Settlement, Award of Attorneys' Fees, Expenses, and Service Awards, #42 MOTION for Attorney Fees REIMBURSEMENT OF COSTS AND EXPENSES, AND SERVICE AWARDS Attorney Appearances: Plaintiff - John Yanchunis and Joe Kendall; Defense - Eileen Ridley and Peter Loh. (Court Reporter: Jeff Foster) (No exhibits) Time in Court - :25. (chmb) |
| Civil Case Terminated. (ndt) |
| Filing 50 NOTICE of CAFA Compliance and Receipt of No Objection filed by Insurance Technologies Corp, Zywave Inc (Attachments: #1 Exhibit(s) Exhibit A) (Loh, Peter) |
| Filing 49 Supplemental Document by Jay Heath, Edward Shapiro as to #42 MOTION for Attorney Fees REIMBURSEMENT OF COSTS AND EXPENSES, AND SERVICE AWARDS . (Yanchunis, John) |
| Filing 48 NOTICE of Withdrawal as Counsel of Sara Ann Brown filed by Insurance Technologies Corp, Zywave Inc (Brown, Sara) |
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Filing 47
ORDER granting #46 Motion to Continue. Motion Hearing set for 1/4/2023 10:30 a.m. before Chief Judge David C Godbey re: #44 MOTION Final Approval of Class Action Settlement. (Ordered by Chief Judge David C Godbey on 9/6/2022) (frw) (Main Document 47 replaced on 9/6/2022) (ygl).
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| Filing 46 Emergency MOTION to Continue Final Approval Hearing filed by Insurance Technologies Corp, Zywave Inc (Attachments: #1 Proposed Order) (Brown, Sara) |
| Hearing/Deadline Modification: Deadline set per #47 Order on Motion to Continue. Motion Hearing set for 1/4/2023 10:30 AM before Chief Judge David C Godbey. (ygl) |
| Filing 45 Brief/Memorandum in Support filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro re #44 MOTION Final Approval of Class Action Settlement, Award of Attorneys' Fees, Expenses, and Service Awards (Attachments: #1 Exhibit(s) A (Declaration of Ryan Chumley), #2 Exhibit(s) B (Declaration of Gary M. Klinger)) (Klinger, Gary) |
| Filing 44 MOTION Final Approval of Class Action Settlement, Award of Attorneys' Fees, Expenses, and Service Awards filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro with Brief/Memorandum in Support. (Klinger, Gary) |
| Filing 43 Request to be heard on 9/7/2022 final hearing filed by Michelle M DeFranco. (jmg) |
| Filing 42 MOTION for Attorney Fees REIMBURSEMENT OF COSTS AND EXPENSES, AND SERVICE AWARDS filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro with Brief/Memorandum in Support. (Attachments: #1 Declaration(s), #2 Exhibit(s) A)Attorney John A Yanchunis added to party Daisy Becerra Lopez(pty:pla) (Yanchunis, John) |
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Filing 41
ELECTRONIC ORDER granting #40 Application for Admission Pro Hac Vice of Danielle L. Perry. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 4/25/2022) (chmb)
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| Filing 40 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12763375) filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro (Attachments: #1 Proposed Order)Attorney Danielle L Perry added to party Daisy Becerra Lopez(pty:pla), Attorney Danielle L Perry added to party Jay Heath(pty:pla), Attorney Danielle L Perry added to party Edward Shapiro(pty:pla) (Perry, Danielle) |
| Hearing/Deadline Modification: Hearing set per #39 Order. Motion Hearing set for 9/7/2022 10:30 AM before Judge David C Godbey. (axm) |
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Filing 39
ORDER granting #34 Motion for Preliminary Approval of Class Action Settlement. (Ordered by Judge David C Godbey on 3/21/2022) (mla)
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| Filing 38 NOTICE of Change of Address for Attorney Gary E Mason on behalf of Daisy Becerra Lopez, Jay Heath, Edward Shapiro. (Filer will update contact info in ECF.) (Mason, Gary) |
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Filing 37
ELECTRONIC ORDER granting #33 Application for Admission Pro Hac Vice of Gary E. Mason. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 3/7/2022) (chmb)
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Filing 36
ELECTRONIC ORDER granting #32 Application for Admission Pro Hac Vice of David K Lietz. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 3/7/2022) (chmb)
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| Filing 35 Brief/Memorandum in Support filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro re #34 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) (Attachments: #1 Declaration(s) of Gary M. Klinger, #2 Exhibit(s) A - Settlement Agreement With Sub-Exhibits, #3 Exhibit(s) B - Firm Resumes & Qualifications) (Klinger, Gary) |
| Filing 34 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro Attorney Gary M Klinger added to party Daisy Becerra Lopez(pty:pla) (Klinger, Gary) |
| Filing 33 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12630368) filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro (Attachments: #1 Proposed Order)Attorney Gary E Mason added to party Daisy Becerra Lopez(pty:pla), Attorney Gary E Mason added to party Jay Heath(pty:pla), Attorney Gary E Mason added to party Edward Shapiro(pty:pla) (Mason, Gary) |
| Filing 32 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12630331) filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro (Attachments: #1 Proposed Order)Attorney David K Lietz added to party Daisy Becerra Lopez(pty:pla), Attorney David K Lietz added to party Jay Heath(pty:pla), Attorney David K Lietz added to party Edward Shapiro(pty:pla) (Lietz, David) |
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Filing 31
ELECTRONIC ORDER granting #30 Motion to Extend Time. The parties' time to file dismissal papers or move for preliminary approval of the class action settlement is extended to and including February 28, 2022. (Ordered by Judge David C Godbey on 2/15/2022) (chmb)
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| Filing 30 Joint MOTION to Extend Time for the Parties to File Dismissal Papers or Motion for Preliminary Approval filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 29 ANSWER to #19 Amended Complaint,, filed by Insurance Technologies Corp, Zywave Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Loh, Peter) |
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Filing 28
ELECTRONIC ORDER granting #27 Motion for Extension of Time to File Response. Defendants response to the first amended complaint is due February 2, 2022. (Ordered by Judge David C Godbey on 1/18/2022) (chmb)
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| Filing 27 Second Motion for Extension of Time to File Answer -- Unopposed filed by Insurance Technologies Corp, Zywave Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Brown, Sara) |
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Filing 26
ELECTRONIC ORDER granting #25 Motion to Extend Time to File Response. Defendants response to Plaintiffs Amended Class Action Complaint is January 19, 2022. (Ordered by Judge David C Godbey on 12/20/2021) (chmb)
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| Filing 25 MOTION for Extension of Time to File Response/Reply to #19 Amended Complaint,, filed by Insurance Technologies Corp, Zywave Inc (Attachments: #1 Proposed Order) (Loh, Peter) |
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Filing 24
ORDER: The parties have announced that this case has been resolved. Any trial setting and scheduling order are vacated. The parties have sixty days to file dismissal papers. If the parties do not file dismissal papers within sixty days, the Court will dismiss this case without prejudice without further notice. (Ordered by Judge David C Godbey on 12/15/2021) (mjr)
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Filing 23
ELECTRONIC ORDER: The stipulation to file amended complaint #18 is granted. The amended complaint is filed as doc. 19 on 11/19/21. (Ordered by Judge David C Godbey on 12/15/2021) (chmb)
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| Filing 22 Alternative Dispute Resolution Summary filed by Christopher Nolland. Attorneys in Attendance: Gary M. Klinger; Joe Kendall; Andrew Berry; Eileen Ridley; Peter Loh. Prv Fee: $ $14,000.00. Outcome of ADR: Settled in part, as a result of ADR. (Nolland, Christopher) |
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Filing 21
ELECTRONIC ORDER granting #20 Motion to Stay. This case is STAYED until either party notifies the Court that the mediation has reached an impasse or until January 2, 2022, whichever comes first. (Ordered by Judge David C Godbey on 12/3/2021) (chmb)
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| Filing 20 Joint MOTION to Stay Pending Mediation filed by Daisy Becerra Lopez, Jay Heath, Edward Shapiro (Berry, Michael) |
| Filing 19 AMENDED COMPLAINT WITH JURY DEMAND against Insurance Technologies Corp, Zywave Inc filed by Jay Heath, Edward Shapiro, Daisy Becerra Lopez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Berry, Michael) |
| Filing 18 Joint STIPULATION OF CONSENT FOR LEAVE TO AMEND by Jay Heath, Edward Shapiro. (Berry, Michael) |
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Filing 17
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of M. Anderson Berry. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 10/15/2021) (chmb)
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| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12290779) filed by Jay Heath, Edward Shapiro (Attachments: #1 Exhibit(s) Certificate of Good Standing)Attorney Michael Anderson Berry added to party Jay Heath(pty:pla), Attorney Michael Anderson Berry added to party Edward Shapiro(pty:pla) (Berry, Michael) |
| Filing 15 NOTICE of Attorney Appearance by John A Yanchunis on behalf of Jay Heath, Edward Shapiro. (Filer confirms contact info in ECF is current.) (Yanchunis, John) |
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Filing 14
AGREED ORDER granting #13 Motion to Stay. This case is STAYED until either party notifies the Court that the mediation has reached an impasse or until 11/20/2021, whichever comes first. The Defendants' deadline to answer or otherwise respond to the complaint is extended until three weeks after the stay is lifted. (Ordered by Judge David C Godbey on 8/30/2021) (ykp)
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| Filing 13 Joint MOTION to Stay Pending Mediation filed by Insurance Technologies Corp, Zywave Inc (Attachments: #1 Proposed Order) (Brown, Sara) |
| Filing 12 SUMMONS Returned Executed as to Zywave Inc; served on 7/8/2021. (Klinger, Gary) |
| Filing 11 SUMMONS Returned Executed as to Insurance Technologies Corp ; served on 7/2/2021. (Klinger, Gary) |
| Filing 10 NOTICE of Attorney Appearance by Eileen Regina Ridley on behalf of Insurance Technologies Corp, Zywave Inc. (Filer confirms contact info in ECF is current.) (Ridley, Eileen) |
| Filing 9 NOTICE of Attorney Appearance by Sara Ann Brown on behalf of Insurance Technologies Corp, Zywave Inc. (Filer confirms contact info in ECF is current.) (Brown, Sara) |
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Filing 8
ELECTRONIC ORDER granting #6 Motion for Extension of Time to File Response. Defendants Insurance Technologies Corp. and Zywave, Inc.s response to the complaint is due August 20, 2021. (Ordered by Judge David C Godbey on 7/12/2021) (chmb)
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Filing 7
ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Gary M. Klinger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 7/9/2021) (chmb)
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| Filing 6 Unopposed Motion for Extension of Time to File Answer to Complaint filed by Insurance Technologies Corp, Zywave Inc (Attachments: #1 Proposed Order)Attorney Peter Lawrence Loh added to party Insurance Technologies Corp(pty:dft), Attorney Peter Lawrence Loh added to party Zywave Inc(pty:dft) (Loh, Peter) |
| Filing 5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12018322) filed by Jay Heath, Edward Shapiro (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Gary M Klinger added to party Jay Heath(pty:pla), Attorney Gary M Klinger added to party Edward Shapiro(pty:pla) (Klinger, Gary) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jay Heath, Edward Shapiro. (Kendall, Joe) |
| Filing 3 Summons Issued as to Insurance Technologies Corp, Zywave Inc. (jmg) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Insurance Technologies Corp., Zywave, Inc. filed by Jay Heath, Edward Shapiro. (Filing fee $402; Receipt number 0539-11987396) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Kendall, Joe) |
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